United States v. Sanchez

U.S. Court of Appeals for the Fourth Circuit
United States v. Sanchez, 88 F. App'x 619 (4th Cir. 2004)
Niemeyer, Per Curiam, Shedd

United States v. Sanchez

Opinion

PER CURIAM.

Ricardo Sanchez entered a guilty plea to membership in a conspiracy to steal goods moving as an interstate shipment of freight, in violation of 18 U.S.C. § 371 (2000). He was sentenced to thirty-seven months incarceration, three years of supervised release, and a $100 special assessment. Sanchez appeals.

On appeal, Sanchez argues he had a minimal or minor role in the conspiracy, and at sentencing the district court should, therefore, have reduced his offense level under U.S. Sentencing Guidelines Manual § 3B1.2 (2003). We review the district court’s factual determinations for clear error and its legal determinations de novo. United States v. Akinkoye, 185 F.3d 192, 201 (4th Cir. 1999). Sanchez’s claim is meritless. Sanchez fails to establish he was a minimal or minor participant in the conspiracy. USSG § 3B1.2.

Accordingly, we affirm Sanchez’s conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid in the decisional process.

AFFIRMED

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Ricardo SANCHEZ, Defendant—Appellant
Status
Unpublished